without saying that in a situation where the system for the registration of
births, issuance of birth certificates and their security is ineffective, the
enjoyment of the right to nationality is in danger. The Parties agree that the
ineffectiveness as well as the discriminatory and partial nature of this
mechanism is one of the main causes of the denial of nationality in Côte
d’Ivoire. To ensure full access to nationality, it is therefore essential to
introduce a birth registry system based on the birth certificate. With regard to
people who have attained the age of majority, the issuance of a certificate
attesting to the their birth must be instituted as an obligation without
discrimination, of which the refusal by the authorities must be accompanied
by a justification in accordance with the law or a sanction with reasonable
remedies.
194. With regard to the proof of nationality, the Commission considers that, as
a matter of principle, it is the responsibility of the birth declarant or applicant
for nationality. However, given the weaknesses of the system for the
registration of births or for the delivery of related documents which are
ascribable to the Respondent State, proof must be shared in the event where
the document is lacking. Furthermore, given the realities in respect of
traditions, lack of information, ignorance and socio-economic constraints,
particularly for persons living in the rural areas, proof of birth or residence
must take alternative written modes into account. The principle of the sharing
of the burden of proof of nationality is also duly recognized by the provisions
of Article 89 of the Ivorian Nationality Code. The Commission considers that
it is reasonable and fair to admit the petition of the Complainant.
195. The third petition deals with the procedure on naturalization or
regularization as well as the attendant remedies. In this regard, the
Commission notes that among others, the prevailing law provides for a
procedure on naturalization through a decision of the President of the
Republic. Even if the initial application is submitted to the State Attorney, it is
then forwarded to the Minister of Justice who has the prerogative of actually
considering, ruling on and issuing a certificate of nationality. In the event of a
dispute, the two possible remedies are non-contentious remedy before the
said Minister and an appeal to the President of the Republic who « has
discretionary powers in the matter ».68
196. The Commission notes that the State Prosecutor is an eminent actor of
executive power and, on account of that, has monopoly over the process of
the issuance of nationality documents in Côte d’Ivoire. The Commission
Côte d’Ivoire Law No 2013-653 of 13 September 2013 on special provisions on the acquisition of nationality by
declaration, Arts 3-7.
68
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